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MATTER OF SISTERS OF THE ORDER OF ST. DOMINIC v. TOWN OF BABYLON ZONING BOARD OF APPEALS

262 A.D.2d 492 (1999)

691 N.Y.S.2d 322

In the Matter of SISTERS OF THE ORDER OF ST. DOMINIC, Respondent, v. TOWN OF BABYLON ZONING BOARD OF APPEALS et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 14, 1999.

Ordered that the judgment is affirmed, without costs or disbursements.

Upon our review of the record, we agree with the Supreme Court that the denial of the petitioner's application was arbitrary and capricious. The proposed day-care center is a permitted accessory use to the principal use of the petitioner's property (see, Matter of Siegert v Luney, 111 A.D.2d 854; Matter of Unitarian Universalist Church v Shorten,

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